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Judge rules trans teacher’s lawsuit against P.G. County can go to trial

Gay man files separate case charging discrimination

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Jennifer Eller, gay news, Washington Blade
Jennifer Eller alleges the P.G. County school system subjected her to discrimination and harassment. (Photo courtesy of Lambda Legal)

A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.

In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.

Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.

Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.

The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.

“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.

“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.

By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.

P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.

“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.

“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”

The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.

In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.

Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.

He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.

The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”

The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system. 

Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.

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Maryland

Are Md. prisons out of bounds with federal requirements for trans prisoners?

Department of Correctional Services says transgender prisoners ‘housed according to physical genitalia’

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BY BEN CONARCK | Nearly a year after formerly incarcerated transgender people testified to Maryland lawmakers about the troubling conditions they faced in state prisons and Baltimore jails, the agency in charge of their care continues to violate federal standards in how it houses trans prisoners, according to a coalition of trans rights advocates.

The Trans Rights Advocacy Coalition, bolstered by policy experts and attorneys, contends that while the Maryland Department of Public Safety and Correctional Services has made some strides towards improving conditions, its policy of housing trans prisoners “according to physical genitalia” violates the federal standard that those individuals should be housed on a case-by-case basis determined by health and safety and any security problems, among other factors. The group laid out its argument in a 15-page memo presented to the department and lawmakers this week.

The rest of this article can be read on the Baltimore Banner’s website.

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Maryland

Baltimore County police arrest suspect in rape of transgender woman

Jalen Green allegedly target victim through dating app

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Baltimore County police announced Feb. 15 they had arrested and charged a 22-year-old man with first-degree rape, first-degree assault, armed robbery and firearm-related charges in addition to other offenses.

According to a statement released by police, Jalen Green was arrested in connection with a sexual assault that occurred in the 3000 block of Putty Hill Avenue in Parkville on Feb. 11 at approximately 3:30 p.m. 

Investigators say Green targeted a member of the transgender community through a dating app.

WBAL reported

According to the charging documents, the victim told officers that Green contacted her for sex in exchange for money. The victim told officers that Green pointed the gun at her and demanded money, the documents state.

Not having any cash, the victim said Green used her phone to send himself $100 in the Cash App and then stole two prescription bottles from the victim. According to police, Green then sexually assaulted the victim at gunpoint and recorded video on his cellphone.

The charging documents state that investigators recovered evidence from the scene, including DNA. A search warrant was being sought to recover potential evidence on Green’s cellphone, the documents state.

Investigators seek to hear from anyone who may have been in contact with Green.

The Baltimore County Police Department’s Special Victims Unit is seeking information from anyone who may have been in contact with this subject. Detectives can be contacted at (410) 887-2223. 

If you are a survivor of a sexual assault, you can contact the Sexual Assault Hotline for crisis counseling by calling (410) 828-6390. The Special Victims Unit also works with TurnAround who can be contacted by calling (410) 377-8111.

Green is being held without bond at the Baltimore County Detention Center.

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Maryland

Trial date set for man accused of killing transgender woman in Bel Air

Judge expected to hear case on May 21

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Signs honoring the 'sparkle' of Meghan Lewis are held during a memorial in Bel Air on Jan. 2, 2024. (Photo by Heather Diehl/Baltimore Banner)

BY CLARA LONGO DE FREITAS | A Harford County judge on Wednesday late afternoon set a jury trial for 47-year-old man charged in the fatal shooting of a transgender woman who was killed two days after Christmas.

Judge Yolanda Curtin is expected to hear the case on May 21.

The rest of this article can be found on the Baltimore Banner website.

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